Pandit Waman Kumawat v. Rawat Agencey And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION (ST) NO.439 OF 2019 WITH CRIMINAL APPLICATION NO.411 OF 2019 IN CRIMINAL REVISION APPLICATION (ST) NO.439 OF 2019 WITH CRIMINAL APPLICATION NO.412 OF 2019 IN CRIMINAL REVISION APPLICATION (ST) NO.439 OF 2019 Pandit Waman Kumawat ...

Applicant V/s.

Rawat Agency and anr ...

Respondent Mr. Sachin Gite, for the Applicant.

Mr. Shrishailya S. Deshmukh, for respondent No.1. Mr. N.B. Patil, APP for respondent State.

Mr. Radheshyam Brijlal Rawat, Proprietor of Rawate Agency, respondent No.1 present in Court.

Mr. Pandit W. Kumawat, applicant present in person. CORAM : N. J. JAMADAR, J.

DATE : 6th November, 2019.

P.C. :

1] This Revision Application is preferred assailing the legality, propriety and correctness of the judgment and order dated 6th October, 2018, passed by the learned Additional Sessions Judge, Nashik in Criminal Appeal No.170 of 2009, whereby the appeal preferred by the applicant came 1/3

to be dismissed and the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Nashik Road dated 7th September, 200 in Summary Criminal Case No.1030 of 2007, came to be confirmed.

2] During the pendency of this Revision Application, applicant/accused and respondent No.1/original complainant have arrived at an amicable settlement. A copy of consent terms has been tendered before this Court, which is taken on record and marked as Exhibit "X" for identification. Respondent No.1/original complainant is present before this Court. He admits the contents of the consent terms and his signature thereon. The parties are identified by their respective learned counsels, and they have also signed the consent terms.

3] In view of composition arrived at between the parties, complaint in Summary Criminal Case No.1030 of 2007 stands disposed of as compounded.

The judgment of conviction and sentence passed in Summary Criminal Case No.1030 of 2007, and confirmed by the learned Additional Sessions Judge, in Appeal No.170 of 2009, stands quashed and set aside. The applicant/accused stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Respondent No.1/original complainant is permitted to withdraw an 2/3

amount of Rs.40,000/- deposited by the applicant/accused on 4.9.2019, before the Sessions Court, Nashik and the applicant/accused is allowed to withdraw an amount of Rs.14,000/- deposited by the applicant on 30th October, 2009 before the Sessions Court at Nashik. 4] Criminal Revision Application stands allowed in the aforesaid terms.

6] In view of the disposal of the Revision Application, Criminal Application No.411 of 2019 and Criminal Application No.412 of 2019 do not survive and accordingly stand disposed of. [N. J. JAMADAR, J.] 3/3